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HomeMy WebLinkAboutR-2011-009 Engineering Services Agreement with Conley Engineering, Inc.RESOLUTION NO. R-2011-09 A RESOLUTION authorizing the City manager to execute an agreement between Conley Engineering Inc. and City of Yakima for engineering services. WHEREAS, the City of Yakima (City) owns and operates wastewater collection and treatment facilities in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City desires to retain Conley Engineering Inc., to provide support services for existing electrical systems together with Supervisory, Communications, and Data Administration (SCADA) in connection with recent additions and modifications to the City of Yakima Regional Wastewater Treatment Plant (YRWWTPP) needed to meet current and anticipated regulatory requirements pertaining to wastewater, biosolids treatment and disposal processes, and other related wastewater treatment plant support services; and WHEREAS, Conley Engineer has provided the design and construction services on updated and existing treatment processes to ensure that necessary investments into the City's wastewater systems are identified to meet regulatory requirements, community growth, replacement needs, and operational efficiencies; and WHEREAS, with these ongoing mandated requirements, use of budgeted funding is required to continue the engineering support efforts to address these issues; and WHEREAS, the state of Washington requires these services to be performed by a Professional Licensed Engineer, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the amended engineering services agreement with Conley Engineering Inc. to provide continued support services for existing electrical and SCADA systems for the Wastewater Division not to exceed $100,000, a copy of the Agreement with Exhibit "A" and "B" is attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this 4th day of January, 2011. ATTEST: /kid Micah Cawley, ,l,! yor CITY OF YAKIMA AND CONLEY ENGINEERING INC. PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima,. a Washington municipal corporation (hereinafter the "City"), and Conley Engineering Inc., a Washington corporation and a company licensed to do business in, . Washington (hereinafter the "Engineer"). WHEREAS, the City desires to retain the Engineer to provide electrical engineering support services for existing electrical systems together with Supervisory, Communications and Data Administration (SCADA) in connection with recent additions and modifications to the City of Yakima Regional Wastewater Treatment Plant (YRWWTP) needed to meet current and anticipated regulatory requirements pertaining to wastewater, biosolids treatment and disposal processes, and other related wastewater treatment plant support services; and WHEREAS, the Engineer has the experience and expertise necessary to provide such independent electrical engineering support services and is willing to provide the services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and the Engineer as follows: 1. Scope of Support Services. The Engineer shall provide electrical engineering support services in connection with existing, recent additions, and modifications to the City of Yakima Regional Wastewater Treatment Plants (YRWWTP) electrical and SCADA systems. The scope of services is described in more detail in Exhibit "A" attached and incorporated by this reference. 2. Additional Support Services. a. City and Engineer agree that not all support services to be performed by Engineer can be defined in detail at the time this Agreement is executed, and that Additional Services not covered in Exhibit "A" may be needed during performance of the Agreement. City may, at any time, by written order, direct Engineer to revise portions of Basic Services previously completed in a satisfactory manner, delete portions of Basic Services, suspend Basic Services, terminate Basic Services or request that Engineer perform Additional Support Services beyond the scope of Basic Services. Such changes hereinafter shall be referred to as "Additional Support Services". b. If such Additional Support Services cause an increase or decrease in Engineer's cost of, or time required for, performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement may 'be made and this Agreement may be modified in writing accordingly. c. Compensation for each such request for Additional Support Services will be negotiated by City and Engineer according to the provisions set forth in Section 4. Engineer shall not perform any AdditionalSupport Services until authorized by City in writing; and once so authorized, such Additional Support Page 1 of 8 City of Yakima and Conley Engineering Inc. Professional Services Agreement Services shall be considered part of Basic Services. If mutual agreement on compensation or time adjustment cannot be concluded, Engineer is required to perform the Basic and Additional Support Services, reserving a right for equitable adjustment; provided, that in no event shall any amount be allowed for anticipated profit or unperformed Basic Support Services or Additional Support Services. If City and Engineer cannot agree upon an equitable adjustment in the time for Additional Services beyond the scope of Basic Support Services within thirty (30) days of the Engineer's written request for equitable adjustment, performance of such Additional Support Services may be suspended by Engineer until City and Engineer mutually agree upon the time adjustment. 3. Term. The term of this Agreement shall commence upon execution hereof and shall terminate in five (5) years in accordance with Section 20. The Engineer shall provide such services as are described on executed task orders in accordance with the time schedule set forth in Exhibit A. When directed by the City, the Engineer shall proceed in a timely and diligent manner to provide all services required hereunder. 4. Consideration. a. The City shall pay the Engineer for basic services described in Exhibit A, in accordance with the payment schedule set forth in Exhibit "B". Hourly rates may be increased once on an annual basis. Unless the parties otherwise modify this Agreement, the total compensation paid to the Engineer for support services provided under this Agreement shall not exceed One Hundred Thousand Dollars ($100,000.00). b. Direct Expenses are those necessary costs and charges incurred for Basic Services including, but not limited to: (1) the direct costs of transportation, meals and lodging; (2) insurance, letters of credit, bonds, and equipment and supplies, specific to the Basic Services and approved in advance by the City; and (3) Engineer's direct costs for subcontracted professional services, laboratory tests, analysis, printing and reproduction services, and CADD services. c. Travel costs, including transportation, lodging, subsistence and incidental expenses incurred by employees of the Engineer and each of the Sub -consultants in connection with Basic Services, shall be subject to the following; • That a Maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance and depreciation costs of company or individually owned vehicles for that portion of time they are used for Basic Services. Engineer, whenever possible, will use the least expensive form of ground transportation. • That reimbursement for meals inclusive of tips shall not exceed a maximum of $40 per day per person. This rate may be adjusted on a yearly basis • Those accommodations shall be at a reasonably priced hotel/motel. • That air travel shall be by coach class, and shall be used only when absolutely necessary. d. Telephone charges, in-house computer charges, in-house reproduction charges, first class postage, overnight mail and shipping and FAX charges are not included in the Page 2 of 8 City of Yakima and Conley Engineering Inc. Professional Services Agreement direct expense costs, but are considered included in the Schedule of. specific Hourly Billing Rates. e. Professional Sub -Consultants. Professional Sub -consultants are those costs for Engineering, management consulting, surveying, geotechnical services and similar professional services approved in advance by the City. Reimbursement for Professional Sub -consultants will be on the basis of 1.10 times the actual costs billed by the Professional Sub -consultant for services provided to the City through this Agreement. f. The Engineer shall submit to the City monthly invoices itemizing tasks accomplished and percent completed to date. Upon receipt of said monthly invoice, the City shall make payment to the Engineer within thirty (30) calendar days; provided, however, that all payments are expressly conditioned upon the Engineer's providing services that are satisfactory to the City. g. The Engineer shall maintain adequate files and records to substantiate all amounts itemized on the monthly invoices. In the event that either party exercises its right to terminate this Agreement in accordance with Section 20, the Engineer shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective Agreement termination date. 5. Information Provided by the City. The Engineer shall provide guidance to the City in determining the data required for purposes of the contemplated services. The City agrees to use reasonable efforts to provide data and information specifically requested by the Engineer. 6. Status of Engineer. The Engineer and the City understand and expressly agree that the Engineer is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer and/or agent of Engineer shall act on behalf of or represent him or herself as an agent or representative of the City. The Engineer, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Engineer expressly represents warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the isix-part independent contractor test set forth in RCW 51..08.195. The Engineer and its officers, employees, volunteers, agents and/or subcontractors shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Engineer and the City. 7. Inspection and Audit. The Engineer shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times and the Engineer shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or the Washington State Auditor where necessary to conduct or document an audit. The Engineer shall preserve Page 3of8 City of Yakima and Conley Engineering Inc. Professional Services Agreement and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 8. Taxes and Assessments. The Engineer shall be solely responsible for compensating its employees, agents, and/or subcontractors and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Engineer shall pay the same before it becomes due. 9. Nondiscrimination Provision. During the performance of this Agreement, Engineer shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training and the provision of services under this Agreement. 10. The Americans with Disabilities Act. The Engineer shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. 11. Compliance with Law. The Engineer agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 12. No Conflict of Interest. The Engineer covenants that neither it nor its employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The Engineer further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 13. No Insurance. It is understood the City does not maintain liability insurance for the Engineer and its officers, directors, employees and agents. 14. Indemnification. a. The Engineer agrees to hold harmless and indemnify the City, its elected officials, officers, employees, and agents from and against suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Engineer, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non- performance of this Agreement. Page 4 of 8 City of Yakima and Conley Engineering Inc. Professional Services Agreement b. The City agrees to hold d harmless and indemnify the Engineer, its officers, employees, and agents, from and against suits, actions, claims, liability, damages, judgments, costs of defense and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the City, its officers, agents, employees or subcontractors, in connection with or incidental to the performance or non-performance of this Agreement. c. In the event that both the Engineer and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). d. The foregoing indemnity4:is specifically and expressly intended to constitute a waiver of the Engineer's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party;only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the Engineer's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. +'• 'e. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. f. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 15. Insurance Provided by Engineer. a. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance •as -evidence of professional liability coverage with a -limit of at least One Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in, Best's Guide..If the policy is on a claim made basis, the retroactive date of the insurance policy shall be on or before the date this contract is executed by both parties hereto, or shall provide full prior acts coverage. The insurance coverage or substantially identical ,coverage sufficient to fully satisfy these requirements shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. b. Commercial Liabilitv Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide. the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or'a company rated A -VII or higher in Best's Guide and admitted in the State of Washington. Page5of8 City of Yakima and Conley Engineering Inc.Professional Services Agreement c. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Engineer shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily Injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insured as to this project only and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or a company rated A -VII or higher in Best's Guide and admitted in the State of Washington: d. Insurance Provided by Subcontractors. The Engineer shall ensure that all subcontractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. However, professional liability will not be required unless the subcontractor is involved in design or Engineering services. 16. Delegation of Professional Services. The services provided for herein shall be performed by the Engineer and no person other than regular associates or employees of the Engineer shall be engaged upon such work or services except upon written approval of the City. 17. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Engineer to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations and liabilities of the Engineer stated herein. 18. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 19. Dispute Resolution. The parties shall strive to resolve all disputes through negotiation in good faith as the preferred approach to dispute resolution and may consider mediation as a supplement or alternative where mutually agreed to in writing. 20. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination ten (10) calendar days prior to the termination date. Upon any such termination the City shall be responsible to compensate Engineer in accord with this Agreement for work completed and accepted by the City at the time of termination. 21. Severabilitv. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. Page 6 of 8 City of Yakima and Conley Engineering Inc. Professional Services Agreement 22. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO City: TO Engineer: Ryan Anderson, Utility Engineer Wastewater Manager 2220 East Viola Yakima, WA 98901 Patrick Conley, P.E. 1433 Lakeside Court, Suite 100 Yakima, Washington 98902 Or to such other addresses as the ,parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 23. Third Parties. The City and the Engineer are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. 24. Drafting of Agreement. Both the City and the Engineer have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are being interpreted and/or enforced. 25. Integration. This written document constitutes the entire Agreement between the City and the Engineer. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 26. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 27. Venue. The venue for any action to enforce or interpret this Agreementshall lie in the Superior Court of Washington for Yakima County, Washington. Page 7of8 City of Yakima and Conley Engineering Inc. Professional Services Agreement 28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF YAKIMA Date: I CONLEY E IN RING IN . By: Pa*r ► cht. Co nlr,y P,els; dint Date: _Z27/3/40 ATTEST: Deborah oster, City Clerk City Contract No. City Resolution No. /f -A4// -1)q Page 8 of 8 City of Yakima and Conley Engineering Inc. Professional Services Agreement Exhibit "A" City of Yakima Wastewater Treat rent Plant Facilities Electrical and SCADA support services Conley Engineering Inc. Scope of Work WORK PACKAGE 1 - Electricall;and SCADA Support BASIC SERVICES - The Engineer shall provide electrical engineering support services in connection with existing, recent additions, and modifications to the City of Yakima Regional Wastewater Treatment Plant (YRWWTP) electrical and SCADA systems needed to maintain current and anticipated regulatory requirements pertaining to wastewater and biosolids treatment and disposal processes. The Basic services shall be for support of existing electrical and SCADA systems operations and issues that arise on an as needed basis. WORK PACKAGE 2 - Additional Support Services BASIC SERVICES - Additional support services may be negotiated and mutually agreed to in accordance with Article 2 of the Engineering Services Agreements. Exhibit "A" Page 1 of 1 EXHIBIT "B" SCHEDULE OF RATES FOR - Conley Engineering Inc. (January 1, 2011 through December 31, 2011) Invoices from Conley Engineering, Inc. include all labor charges, other direct costs, and costs associated with support services. Charges include only those services directly attributable to the execution of the work. Time spent when traveling in the interest of work will be charged in accordance with the hourly rates. Labor charges are based upon standard hourly billing rates for each category of staff. The billing rates include costs for salary, payroll taxes, insurance associated with employment, benefits (including holiday, sick leave, and vacation), administrative overheads, and profit. Rates by labor category are as follows: Personnel Category Hourly Rate Principal Engineeer/Owner 145 Senior Professional Engineer 135 Professional Engineer 120 Registered Communications Distribution Designer (RCDD) 110 Project Engineer 100 CAD Designer 90 CAD Technician 80 Etc.Engineering Technician 80 Administrative 55 Subcontractor costs will be invoiced at cost. Other direct costs, including materials, travel, and subsistence will be invoiced at actual cost. Exhibit "B" Page 1 of 1 A9®Y\®' CERTIFICATE OF LIABILITY INSURANCE kra.....---"L DATE IMM/DD YYYI) 12/14/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS .NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE. DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)., PRODUCER Phone (360) 598-3700 Fax (360) 598-3703 MICHAEL J. HALL & COMPANY HALL & COMPANY 19660 10TH AVENUE N.E. POULSBO WA 98370 INSURED • Conley Engineering Inc 205 N 40Th Ave Ste 201 Yakima, WA 98908-2949 CONTACT Ashley L. Hurd NAME NC No Ext). (360) 5983700 (A/C, No). (360) 598-3703 E-MAIL certificates©hailandcompany.com ADDRESS PRODUCER 1623 CUSTOMER ID. INSURER(S) AFFORDING COVERAGE INSURER A . Travelers Casualty and Surety Co of America _ NAIC # 31194 INSURER B LIABILITY COMMERCIAL GENERAL LIABILITY INSURER C • INSURER D INSURER E . EACH OCCURRENCE INSURER F • CERTIFICATE NUMBER: 127282 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR LTR(MM/DD/YYYY) TYPE OF INSURANCE AID RL Sim POLICY NUMBER POLICY EFF POLICY EXP (MM/DO/YYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DPAMAGE TO SES (EaR $ CLAIMS -MADE OCCUR oNcED �) MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ POLICY PRO LOC JECT ' $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS - COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below V / N N / A WC STAT U- TOTH TORY LIMITS I FR $ E.L EACH ACCIDENT $ 1 E L DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ A Professional Liability -Claims Made Form 105310079 07/09/10 07/09/11 $2,000,000 Per Claim11 $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Electrical Engineering/SCADA for YRWWTP , CANCELLATION City of Yakima Wastewater Manager 2220 E Viola Ave Yakima, WA 98901-9505 Attention: Ryan Anderson, Utility Engineer A/^non nc innnninn, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 7 . Ashley L. Hurd The ACC)Rfl nar.,P and Innn aro rcnictororl .,,,r© 1985-20009 ACORD CORPORATION. All rights reserved. STATE FARM INSURANCE COMPANIES® PO Box 5000 Dupont WA 98327-5000 81A AT1 15 000244 THE CITY OF YAKIMA ITS ELECTED OFFICIALS OFFICERS,AGENTS & EMPLOYEES ATTN RYAN ANDERSON 2220 E VIOLA YAKIMA WA- 98901-9505 A DATE OF NOTICE: DEC 23 2010 CODE: NOTE: PLEASE NOTIFY STATE FARM AT THE ADDRESS LISTED AT THE TOP, LEFT CORNER OF THIS PAGE REGARDING ANY CHANGE OF ADDRESS INFORMATION. ADDITIONAL INSURED'S NOTICE OF COVERAGE State Farm Mutual Automobile NAMED INSURED: CONLEY ENGINEERING INC 14307 SUMMITVIEW EXT YAKIMA WA 98908-8709 Insurance Company POLICY NO: YR/MAKE/MODEL: VIN/CAMPER: AGENT NAME: 095 5686 -F21 -47C 2007 VOLKSWAGEN SPORT WG WVGZE77L87D001154 MIKE O'HALLORAN AGENT PHONE: (509)248-1818 ENDORSEMENT NO: 6028BL POLICY MESSAGES: This policy shown above supersedes policy/ 0955686-47B. The policy includes a loss payable clause protecting the additional insured's interest in the described car to the extent of the insurance provided and subject to all policy provisions. The additional insured wit be given 10 days notice if the policy is terminated. Until such notice is provided, it shall be presumed that the required renewal premiums have been paid. The additional insured must notify us within 10 days of any change of interest or ownership coming to their attention. Failure to do so will render this policy null and void. 2388 -F488 -W COVERAGE: 81 AND PD LIABILITY $ 1 MIL 4 1 MIL 4 1 MIL $100 DED COMP. $500 DED COLL. POLICY EFFECTIVE DEC 14 2010 UNTIL TERMINATED FRT • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No ' �l For Meeting Of January 4, 2011 ITEM TITLE Request approval of a resolution authorizing the City Manager to execute an agreement between the City of Yakima and Conley Engineering Inc , in an amount not to exceed $100,000 for engineering services SUBMITTED BY Dave Zabel!, Assistant City Manager Scott Schafer, Wastewater Division Manager CONTACT PERSON/TELEPHONE Ryan Anderson, Utility Engineer/575-6077 SUMMARY EXPLANATION The City of Yakima (City) is required, in accordance with its National Pollutant Discharge Elimination System (NPDES) permit with the Department of Ecology (Ecology), to update its Wastewater Facility Plan to provide an estimation of current and future costs associated with mandatory and growth -related wastewater issues at the Wastewater Treatment Plant (WWTP) Not only does this provide a better development of planning priorities, but is a requirement for the application process of financial assistance from Ecology and the Public Works Trust Fund Board A major component of the facility plan update is mandatory planning, coordination, process analysis and implementation responsibilities to comply with regulatory requirements, including support services for its existing electrical systems together with Supervisory, Communications and Data Administration (SCADA) and Facility assistance A Professional Licensed Engineer is required by the State of Washington to perform such services The contract scope includes support services for the existing electrical systems together with the SCADA system in connection with recent additions and modifications to the City's WWTP needed to meet current and anticipated regulatory requirements Resolution X Ordinance _ Other (Specify) Contract X Mail to (name and address) continued on next page) Funding Source Wastewater Facility P oiect Fund - 478 Fund Approved for submittal City Manager STAFF RECOMMENDATION Staff respectfully requests City Council approve the resolution BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION Page 1